This is a storage area for FACTS that have been found during the two year fight with City Hall for Public Documents. These are being posted for reference and historical purposes only. We encourage any conversations about these documents n "Lakewood General Discussion." Here you will find the Highlight the lie, with the document proven the lie.

Mark Kindt wrote:No arm of government is going to investigate or prosecute any aspect of the Hospital debacle. Trust me. I'm completely confident on that point.

My goal is to understand what exactly occurred at the most granular level that I can obtain--document-by-document.

As citizens, we must continue to protest unethical conduct and demand reform.

As voters, we need to elect new public officials who are deeply committed to public integrity.

Over several years, the diligent and ever persistent Mr. Essi (and his commendable legal counsel) have achieved court orders finally compelling the partial production of documents after long and improper delay. The Lakewood Observer has been valiant in publishing stories on these issues. The Observation Deck and its contributors are meaningfully advancing a key reform discussion. Senator Skindell and the "Taxpayers" pursued crucial legal cases.

We are motivated citizens and we can pressure our elected and appointed local officials to improve their performance in the areas of openness, accountability and ethics-in-government.

I am curious Mr. Kindt. Why do you say that no arm of government is going to investigate or prosecute? Is this because there is no legal path for prosecution? Or because our local/state/Federal government lacks the will or desire to?

Mark Kindt wrote:I would like to express a few points in Council-member Anderson's defense:

He was poorly served by his colleagues in the city administration and the two council members that served on the board of LHA. How?

1. It was never disclosed to him that the Mayor and LHA had already secretly rejected the offer from Metro Health System to invest in and operate the Hospital as a going concern;

2. It was never disclosed to him that LHA board members knew that the $120 million dollar investment claimed as benefits were "bogus" and had told city officials just that;

3. It was never disclosed to him that Huron Consulting was not an independent consultant, but had an ongoing relationship with CCF;

4. LHA board members unconscionably messaged to council that LHA would file for bankruptcy, if their deal was not enacted.

Mr Kindt. I cannot overstate the degree of respect I have for your writings and opinions. I think your defense of Anderson is rooted in the notion that he was under extreme pressure to conform. But Anderson could have found comfort and support by turning to those outside of city hall who stood in opposition of the sale. Anderson could have engaged in deeper conversations with citizens who were against the closing of the hospital. He could have recommended that the city join the lawsuit. He could have used all the information that SLH possessed, to counter what he was being fed to him by LHA members, Summers, et al. He could have come out publicly against the deal. He had that choice. He betrayed his city and he betrayed his own sense of what is truly right and wrong.

Kevin D Young wrote:[Mr Kindt. I cannot overstate the degree of respect I have for your writings and opinions. I think your defense of Anderson is rooted in the notion that he was under extreme pressure to conform. But Anderson could have found comfort and support by turning to those outside of city hall who stood in opposition of the sale. Anderson could have engaged in deeper conversations with citizens who were against the closing of the hospital. He could have recommended that the city join the lawsuit. He could have used all the information that SLH possessed, to counter what he was being fed to him by LHA members, Summers, et al. He could have come out publicly against the deal. He had that choice. He betrayed his city and he betrayed his own sense of what is truly right and wrong.

Kevin

Nice post, but you stopped too soon.

Lakewood City Council has the power to investigate why they were lied to. Cindy Marx up for relection could simply call for an investigation, and instantly the files hidden from the public, would be available to them. They could see what Brian Essi and other residents and vvoters have worked their asses off for two years. They could simply look back, and tell us if they were fooled, lied to or complicit.

No one needs to see anyone in an orange jumpsuit, besides the real dirty deeds were done outside of city hall in support of them. False police reports, intimidation, working hard to keep members out of jail...

And this is where I am starting to fault every member of council. With everything that has been uncovered and in the open recently. The City could then move on. Listen we all get it, you are human, you didn't sign up for this, well you did. So let's look at the list.

I doubt that Councilman Bullock has even read any these agreements, he hasn't read the charter yet, why read that. He is a political oportunist, it is not rare in politics, and certainly is common in this town. Nowlin was distracted, though his running again makes one go, hmmmmmm. Cindy Marx knows the truth she ells it to select people, maybe she was in over her head, with her partners lying and misleading them about important issues. I know first hand David Anderson fought long and hard with the decision, but in the end caved to what he knows was a terrible deal. But now he also knows Essi and the Observer were right, "open the files, City Hall is morally bankrupt." Sam O'Leary lost, young Dem, sells his soul to be taken seriously, gets council president spot because the only thing council could agree on was not letting Bullock near it. FACT and bring me to Dan O'Malley, I leave Dan out of many of these discussions because the cabal, worked to keep him out, not allowing a now vote, hurrying things along in case he asked questions. Well now is the time to speak up. Litten who knows, he says less that Nowlin with no reason.

But they can heal the city and move us on.

As residents, we have every right to see the records, even the ones hidden, that we would need the FBI to see! WELL let's call them in and see the files. Let the court see the files, let the FBI see the files that Butler brags, "only the FBI can see those," OK, let's get them and stop bragging. You call for a proper investigation, Clear council's participation and your names, and we all move on.

Time for council to heal the city the mayor has zero interest in healing.

Tom Bullock, Sam O'lLeary, Cindy Marx, David Anderson, John Litten and Dan O'Malley you have all asked me repeatedly times, "How can we heal the city and bring it together."

It is so easy, it has been in your grasp all along, you were to blind to see it, and why you were elected. Any one of you can do this, you do not need a group.

Click your heels together three times and say, "Release the records, let's get the feds and courts to look it over."

Mark Kindt wrote:No arm of government is going to investigate or prosecute any aspect of the Hospital debacle. Trust me. I'm completely confident on that point.

My goal is to understand what exactly occurred at the most granular level that I can obtain--document-by-document.

As citizens, we must continue to protest unethical conduct and demand reform.

As voters, we need to elect new public officials who are deeply committed to public integrity.

Over several years, the diligent and ever persistent Mr. Essi (and his commendable legal counsel) have achieved court orders finally compelling the partial production of documents after long and improper delay. The Lakewood Observer has been valiant in publishing stories on these issues. The Observation Deck and its contributors are meaningfully advancing a key reform discussion. Senator Skindell and the "Taxpayers" pursued crucial legal cases.

We are motivated citizens and we can pressure our elected and appointed local officials to improve their performance in the areas of openness, accountability and ethics-in-government.

I am curious Mr. Kindt. Why do you say that no arm of government is going to investigate or prosecute? Is this because there is no legal path for prosecution? Or because our local/state/Federal government lacks the will or desire to?

Mr. Young, in answer to your question, my statement is largely based upon the fact the no government entity has responded in any meaningful manner to complaints that have been previously made. Formal multiple complaints by competent individuals were made to:

1. The Federal Trade Commission (local and national office)2. The United States Department of Justice (local and national office)3. The Office of the Attorney General of Ohio4. The Office of the Auditor of the State of Ohio

As citizens, voters and taxpayers, we are now on our own to attempt to affect positive change and reform in our local government.

Mark Kindt wrote:I would like to express a few points in Council-member Anderson's defense:

He was poorly served by his colleagues in the city administration and the two council members that served on the board of LHA. How?

1. It was never disclosed to him that the Mayor and LHA had already secretly rejected the offer from Metro Health System to invest in and operate the Hospital as a going concern;

2. It was never disclosed to him that LHA board members knew that the $120 million dollar investment claimed as benefits were "bogus" and had told city officials just that;

3. It was never disclosed to him that Huron Consulting was not an independent consultant, but had an ongoing relationship with CCF;

4. LHA board members unconscionably messaged to council that LHA would file for bankruptcy, if their deal was not enacted.

Mr Kindt. I cannot overstate the degree of respect I have for your writings and opinions. I think your defense of Anderson is rooted in the notion that he was under extreme pressure to conform. But Anderson could have found comfort and support by turning to those outside of city hall who stood in opposition of the sale. Anderson could have engaged in deeper conversations with citizens who were against the closing of the hospital. He could have recommended that the city join the lawsuit. He could have used all the information that SLH possessed, to counter what he was being fed to him by LHA members, Summers, et al. He could have come out publicly against the deal. He had that choice. He betrayed his city and he betrayed his own sense of what is truly right and wrong.

Mr. Young: I do concur with each point in your comments about what Mr. Anderson could have done. My 4 point statement above was made to characterize salient information that was intentionally and improperly withheld from Mr. Anderson and certain other council members. I believe that the Mayor and the other public board members of LHA breached their fiduciary duties to the City by, at a minimum, failing to promptly and fully disclose to council the details of the rejection of the Metro Health System proposal that would have maintained Lakewood Hospital as a going-concern.

I would like to elaborate on my point four above about "pressure" and "threats" of bankruptcy "messaged" by LHA board members to council members.

If such statements were made to council members, about whether or not LHA would file for bankruptcy, such statements were tainted as follows:

1. Such statements were made unconscionably in bad faith as an improper (perhaps illegal) inducement to certain city council members to vote in favor of the Master Agreement.

2. Such statements were likely statements of deceptive omission, since they failed to disclose that LHA had already (improperly) rejected a proposal from Metro Health System to lease, operate and invest in the continuing operations of Lakewood Hospital.

3. Such statements were affirmative misrepresentations, since the actual financials of the LHA were strong enough when the statements were made that they understood a bankruptcy filing to be unrealistic and unlikely.

4. Such statements implied that the value of existing City contractual rights under the Definitive Agreement would be impaired by the bankruptcy filing, i.e, that the City would be stranded with a non-operational hospital building.

Finally, I want to make the over-arching observation that the city administration and selected LHA board members intentionally misled the majority of city council prior to and subsequent to the announcement of the Letter of Intent in January 2015. And, to Mr. O'Bryan's point, the misrepresentations and cover-ups never stopped.

The city administration needs to commit to a robust program of ethics-in-government. Citizens need to continue to press on basic issues of municipal reform.

The simple fact is that nobody knows whether or not any investigations, criminal or not, are being conducted. Investigatory agencies do not reveal whether or not there is an investigation taking place or not, for obvious reasons.

As more documents come to light, several possible crimes and/or unlawful dealings are being revealed. Perjury comes to my mind now as an example, but I am sure there are others. We now have the controversy surrounding Lakewood City Schools giving taxpayer-owned space to a private business entity, while taxpayers also foot the bill for utilities, secure internet, etc. If that does not smell foul, I don't know what does.

Although Mister Summers may wish there is nothing left to stop him, that is simply not true, in my opinion. The longer he drags this out, the more hot water he gets himself in to.

I believe he will only be able to bask in the glory of his own, self-inflated ego for so long.

Mark Kindt wrote:Finally, I want to make the over-arching observation that the city administration and selected LHA board members intentionally misled the majority of city council prior to and subsequent to the announcement of the Letter of Intent in January 2015. And, to Mr. O'Bryan's point, the misrepresentations and cover-ups never stopped.

The city administration needs to commit to a robust program of ethics-in-government. Citizens need to continue to press on basic issues of municipal reform.

Thank you sir for your clarity and thank you again for all that you contribute.